18 U.S.C. § 1905 — Disclosure of confidential information

Page 460 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1901 1996—Pub. L. 104–294, title VI, § 604(b)(44), Oct. 11, 1996, 110 Stat. 3509, substituted ‘‘employees’ ’’ for ‘‘employ- ee’s’’ in item 1920. 1994—Pub. L. 103–359, title VIII, § 808(b), Oct. 14, 1994, 108 Stat. 3454, added item 1924. Pub. L. 103–333, title I, § 101(b)(2), Sept. 30, 1994, 108 Stat. 2548, substituted ‘‘or fraud to obtain Federal em- ployee’s compensation’’ for ‘‘to obtain Federal employ- ees’ compensation’’ in item 1920. Pub. L. 103–322, title XXXIII, § 330004(11), Sept. 13, 1994, 108 Stat. 2141, struck out items 1904 ‘‘Disclosure of information or speculation in securities affecting Re- construction Finance Corporation’’ and 1908 ‘‘Disclo- sure of information by National Agricultural Credit Corporation examiner’’. 1990—Pub. L. 101–647, title XXXV, § 3556, Nov. 29, 1990, 104 Stat. 4927, substituted ‘‘from a bank examination report’’ for ‘‘by bank examiner’’ in item 1906 and struck out item 1914 ‘‘Salary of Government officials and em- ployees payable only by United States’’. 1966—Pub. L. 89–554, § 3(c), Sept. 6, 1966, 80 Stat. 608, added items 1916 to 1923. § 1901. Collecting or disbursing officer trading in public property Whoever, being an officer of the United States concerned in the collection or the disbursement of the revenues thereof, carries on any trade or business in the funds or debts of the United States, or of any State, or in any public prop- erty of either, shall be fined under this title or imprisoned not more than one year, or both; and shall be removed from office, and be incapable of holding any office under the United States. (June 25, 1948, ch. 645, 62 Stat. 790; Pub. L. 103–322, title XXXIII, § 330016(1)(J), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 192 (Mar. 4, 1909, ch. 321, § 103, 35 Stat. 1107). Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $3,000’’. § 1902. Disclosure of crop information and specu- lation thereon Whoever, being an officer, employee or person acting for or on behalf of the United States or any department or agency thereof, and having by virtue of his office, employment or position, become possessed of information which might influence or affect the market value of any prod- uct of the soil grown within the United States, which information is by law or by the rules of such department or agency required to be with- held from publication until a fixed time, will- fully imparts, directly or indirectly, such infor- mation, or any part thereof, to any person not entitled under the law or the rules of the depart- ment or agency to receive the same; or, before such information is made public through regular official channels, directly or indirectly specu- lates in any such product by buying or selling the same in any quantity, shall be fined under this title or imprisoned not more than ten years, or both. No person shall be deemed guilty of a viola- tion of any such rules, unless prior to such al- leged violation he shall have had actual knowl- edge thereof. (June 25, 1948, ch. 645, 62 Stat. 790; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 214 (Mar. 4, 1909, ch. 321, § 123, 35 Stat. 1110). Words ‘‘agency thereof’’ were inserted in lieu of ‘‘of- fice thereof’’ at beginning of section in conformity with section 6 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in first par. § 1903. Speculation in stocks or commodities af- fecting crop insurance Whoever, while acting in any official capacity in the administration of any Act of Congress re- lating to crop insurance or to the Federal Crop Insurance Corporation speculates in any agricul- tural commodity or product thereof, to which such enactments apply, or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such commodity or product, shall be fined under this title or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, 62 Stat. 790; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 1514(b) of title 7, U.S.C., 1940 ed., Ag- riculture (Feb. 16, 1938, ch. 30, title V, § 514(b), 52 Stat. 76). Words ‘‘upon conviction thereof’’ were omitted as surplusage since punishment can be imposed only after a conviction. Minor changes were made in phraseology and trans- lations. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. [§ 1904. Repealed. Pub. L. 103–322, title XXXIII, § 330004(11), Sept. 13, 1994, 108 Stat. 2141] Section, acts June 25, 1948, ch. 645, 62 Stat. 791; Sept. 13, 1994, Pub. L. 103–322, title XXXIII, § 330016(1)(L), 108 Stat. 2147, related to disclosure of information or spec- ulation in securities affecting Reconstruction Finance Corporation. § 1905. Disclosure of confidential information generally Whoever, being an officer or employee of the United States or of any department or agency thereof, any person acting on behalf of the Fed- eral Housing Finance Agency, or agent of the Department of Justice as defined in the Anti- trust Civil Process Act (15 U.S.C. 1311–1314), or being an employee of a private sector organiza- tion who is or was assigned to an agency under Page 461 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1906 1 See References in Text note below. 2 So in original. chapter 37 of title 5, publishes, divulges, dis- closes, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examina- tion or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade se- crets, processes, operations, style of work, or ap- paratus, or to the identity, confidential statis- tical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person ex- cept as provided by law; shall be fined under this title, or imprisoned not more than one year, or both; and shall be removed from office or em- ployment. (June 25, 1948, ch. 645, 62 Stat. 791; Pub. L. 96–349, § 7(b), Sept. 12, 1980, 94 Stat. 1158; Pub. L. 102–550, title XIII, § 1353, Oct. 28, 1992, 106 Stat. 3970; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–347, title II, § 209(d)(2), Dec. 17, 2002, 116 Stat. 2930; Pub. L. 110–289, div. A, title I, § 1161(d), July 30, 2008, 122 Stat. 2780.) HISTORICAL AND REVISION NOTES Based on section 176b of title 15, U.S.C., 1940 ed., Com- merce and Trade; section 216 of title 18, U.S.C., 1940 ed.; section 1335 of title 19, U.S.C., 1940 ed., Customs Duties (R.S. § 3167; Aug. 27, 1894, ch. 349, § 24, 28 Stat. 557; Feb. 26, 1926, ch. 27, § 1115, 44 Stat. 117; June 17, 1930, ch. 497, title III, § 335, 46 Stat. 701; Jan. 27, 1938, ch. 11, § 2, 52 Stat. 8). Section consolidates section 176b of title 15, U.S.C., 1940 ed., Commerce and Trade; section 216 of title 18, U.S.C., 1940 ed., and section 1335 of title 19, U.S.C., 1940 ed., Customs Duties. Words ‘‘or of any department or agency thereof’’ and words ‘‘such department or agency’’ were inserted so as to eliminate any possible ambiguity as to scope of sec- tion. (See definition of ‘‘department’’ and ‘‘agency’’ in section 6 of this title.) References to the offenses as misdemeanors, con- tained in all of said sections, were omitted in view of definitive section 1 of this title. The provisions of section 216 of title 18, U.S.C., 1940 ed., relating to publication of income tax data by ‘‘any person’’, were omitted as covered by section 55(f)(1) of title 26, U.S.C., 1940 ed., Internal Revenue Code. Minor changes were made in translations and phrase- ology. Editorial Notes REFERENCES IN TEXT The Antitrust Civil Process Act, referred to in text, is Pub. L. 87–664, Sept. 19, 1962, 76 Stat. 548, which is classified principally to chapter 34 (§ 1311 et seq.) of Title 15, Commerce and Trade. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1311 of Title 15 and Tables. AMENDMENTS 2008—Pub. L. 110–289 substituted ‘‘Federal Housing Fi- nance Agency’’ for ‘‘Office of Federal Housing Enter- prise Oversight’’. 2002—Pub. L. 107–347 inserted ‘‘or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5,’’ after ‘‘(15 U.S.C. 1311–1314),’’. 1996—Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. 1992—Pub. L. 102–550 inserted ‘‘any person acting on behalf of the Office of Federal Housing Enterprise Over- sight,’’ after ‘‘or agency thereof,’’. 1980—Pub. L. 96–349 provided for punishment and re- moval from office of an agent of the Department of Jus- tice as defined in the Antitrust Civil Process Act for disclosure of confidential information. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents. § 1906. Disclosure of information from a bank ex- amination report Whoever, being an examiner, public or private, or a Government Accountability Office em- ployee with access to bank examination report information under section 714 of title 31, dis- closes the names of borrowers or the collateral for loans of any member bank of the Federal Re- serve System, any bank insured by the Federal Deposit Insurance Corporation, any branch or agency of a foreign bank (as such terms are de- fined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or any organization operating under section 25 or sec- tion 25(a) 1 of the Federal Reserve Act, examined by him or subject to Government Account- ability Office audit under section 714 of title 31 to other than the proper officers of such bank, branch, agency, or organization, without first having obtained the express permission in writ- ing from the Comptroller of the Currency as to a national bank or a Federal branch or Federal agency (as such terms are defined in paragraphs (5) and (6) of section 1(b) of the International Banking Act of 1978), the Board of Governors of the Federal Reserve System as to a State mem- ber bank, an uninsured State branch or State agency (as such terms are defined in paragraphs (11) and (12) of section 1(b) of the International Banking Act of 1978), or an organization oper- ating under section 25 or section 25(a) 1 of the Federal Reserve Act, or the Federal Deposit In- surance Corporation as to any other insured bank, including any insured branch (as defined in section 3(s) of the Federal Deposit Insurance Act),,2 or from the board of directors of such bank or organization, except when ordered to do so by a court of competent jurisdiction, or by di- rection of the Congress of the United States, or either House thereof, or any committee of Con- gress or either House duly authorized or as au- thorized by section 714 of title 31 shall be fined under this title or imprisoned not more than one year or both. (June 25, 1948, ch. 645, 62 Stat. 791; Pub. L. 95–320, § 3, July 21, 1978, 92 Stat. 393; Pub. L. 97–258, § 3(e)(1), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 101–647, title XXV, § 2597(k), Nov. 29, 1990, 104 Stat. 4911; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)